Madras High CourtCRL OP/17256/2019allowed

K.Churchil v. The Sub Inspector Of Police

2019-07-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP No.17256 of 2019 and Crl MP No.8700 of 2019 1.K.Churchil 2.S.Mohana Bharathi 3.T.K.B.Prabhakaran 4.M.Prasath 5.K.Dinesh .. Petitioners .Vs.

1.State rep.by The Sub Inspector of Police, Vadavalli Police Station, Coimbatore District-641 046.

2.M.Kalaiarasan ..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and papers relating to PRC No.24 of 2015, on the file of the Judicial Magistrate No.6, Coimbatore and quash the same. For Petitioners: Mr.K.M.Ramesh For R 1 : Mr.M.Mohamed Riyaz, APP

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in P.R.C.No.24 of 2015 on the file of the Judicial Magistrate-VI, Coimbatore.

2. When this Criminal Original Petition was taken up, the learned Additional Public Prosecutor appearing for the first respondent has fairly submitted that there is no specific or particular complaint recorded against the petitioners herein, who are arrayed as A-11, A-14, A-27, A-28 & A-30. https://hcservices.ecourts.gov.in/hcservices/

3. On a perusal of the First Information Report as well as the other connected materials, it is seen that there is no clinching evidence so as to point out the guilt of the petitioners herein. Considering the fact that these petitioners are Law Graduate students and that there is no clinching evidence or a particular complaint recorded against the petitioners herein, the proceedings in P.R.C.No.24 of 2015, on the file of the Judicial Magistrate-VI, Coimbatore, in respect of the petitioners herein, is quashed and the Criminal Original Petition is allowed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar KP To 1.The Sub Inspector of Police, Vadavalli Police Station, Coimbatore District-641 046.

2.The Judicial Magistrate No.VI, Coimbatore.

3.Public Prosecutor, High Court, Madras.

+1cc to Mr.K.M.Ramesh, Advocate, S.R.No.55575 Crl.OP No.17256 of 2019 CNR(CO) RRS(13/08/2019) https://hcservices.ecourts.gov.in/hcservices/